Amended in Senate August 18, 2016

Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2053

Introduced by Assembly Members Gonzalez and Gray

(Coauthor: Assembly Member Wood)

February 17, 2016

An act to amend Section 1212 of the Health and Safety Code, relating to clinics.

LEGISLATIVE COUNSEL’S DIGEST

AB 2053, as amended, Gonzalez. Primary care clinics.

Under existing law, the State Department of Public Health licenses and regulates primary care clinics, as defined. A violation of those provisions is a crime under existing law. begin insert Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site end insert begin insert . end insert Existing law provides that no application for licensure is required if a licensed primary care clinic adds a service that is not a special service, as defined, or remodels or modifies an existing primary care clinic site, but requires the clinic to notify the department of these events, as specified.

This bill would, among other things, expand that exception from licensure, and that notice requirement, to include a licensed primary care clinic begin insert or affiliate clinic end insert that adds an additional physical plant maintained and operated on separate premises. The bill would require the department, upon written notification by a primary care begin delete clinic, to issue a single consolidated license to a primary care clinic that includes more than one physical plant maintained and operated on separate premises, as specified. end delete begin insert clinic or affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises and upon payment of a licensing fee for each additional physical plant added, to review the information provided in the notification, and if the information submitted is in compliance with specified requirements, end insert begin insert require the department to approve the additional physical plant within 30 days of all information being submitted, and to amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. end insert Because the bill would create a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1212 of the Health and Safety Code is
amended to read:

1212.  

(a) Any person, firm, association, partnership, or
corporation desiring a license for a clinic or a special permit for
special services under the provisions of this chapter, shall file with
the department a verified application on forms prescribed and
furnished by the department, containing the following:

(1) Evidence satisfactory to the department that the applicant
is of reputable and responsible character. If the applicant is a firm,
association, partnership, trust, corporation, or other artificial or
legal entity, like evidence shall be submitted as to the members,
partners, trustees or shareholders, directors, and officers thereof
and as to the person who is to be the administrator of, and exercise
control, management, and direction of the clinic for which
application is made.

(2) If the applicant is a partnership, the name and principal
business address of each partner, and, if any partner is a
corporation, the name and principal business address of each officer
and director of the corporation and name and business address of
each stockholder owning 10 percent or more of the stock thereof.

(3) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation,
and if the applicant is a stock corporation, the name and principal
business address of each stockholder holding 10 percent or more
of the applicant’s stock and, if any stockholder is a corporation,
the name and principal business address of each officer and director
of the corporate stockholder.

(4) Evidence satisfactory to the department of the ability of the
applicant to comply with the provisions of this chapter and rules
and regulations promulgated under this chapter by the department.

(5) The name and address of the clinic, and if the applicant is
a professional corporation, firm, partnership, or other form of
organization, evidence that the applicant has complied with the
requirements of the Business and Professions Code governing the
use of fictitious names by practitioners of the healing arts.

(6) The name and address of the professional licentiate
responsible for the professional activities of the clinic and the
licentiate’s license number and professional experience.

(7) The class of clinic to be operated, the character and scope
of advice and treatment to be provided, and a complete description
of the building, its location, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the clinic.

(8) Sufficient operational data to allow the department to
determine the class of clinic that the applicant proposes to operate
and the initial license fee to be charged.

(9) Any other information as may be required by the department
for the proper administration and enforcement of this chapter,
including, but not limited to, evidence that the clinic has a written
policy relating to the dissemination of the following information
to patients:

(A) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.

(B) A listing of child passenger restraint system programs
located within the county, as required by Section 27360 or 27362
of the Vehicle Code.

(C) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.

(b) (1) No application is required if a licensed primary care
clinic adds a service that is not a special service, as defined in
Section 1203, or any regulation adopted under that section, or
remodels or modifies, or adds an additional physical plant
maintained and operated on separate premises to, an existing
primary care clinic site. However, the clinic shall notify the
department, in writing, of the change in service or physical plant
no less than 60 days prior to adding the service or remodeling or
modifying, or adding an additional physical plant maintained and
operated on a separate premises to, an existing primary care clinic
site. Nothing in this subdivision shall be construed to limit the
authority of the department to conduct an inspection at any time
pursuant to Section 1227, in order to ensure compliance with, or
to prevent a violation of, this chapter, or any regulation adopted
under this chapter.

(2) If applicable city, county, or state law obligates the primary
care clinic to obtain a building permit with respect to the
remodeling or modification to be performed by the clinic, or the
construction of a new physical plant, the primary care clinic shall
provide a signed certification or statement as described in Section
1226.3 to the department within 60 days following completion of
the remodeling, modification, or construction project covered by
the building permit.

(c) In the course of fulfilling its obligations under Section
1221.09, the department shall ensure that any application form
utilized by a primary care clinic, requiring information of the type
specified in paragraph (1), (4), (8), or (9) of subdivision (a), is
consistent with the requirements of Section 1225, including the
requirement that rules and regulations for primary care clinics be
separate and distinct from the rules and regulations for specialty
clinics. Nothing in this section shall be construed to require the
department to issue a separate application form for primary care
clinics.

(d) (1) The department, upon written notification by a primary
care begin delete clinic, shall issue a single consolidated license to a primary
care clinic that includes more than one physical plant maintained
and operated on separate premises. end delete begin insert clinic or an affiliate clinic of
its intent to add an additional physical plant maintained and
operated on separate premises, as described in paragraph (1) of
subdivision (b) and upon payment of a licensing fee for each
additional physical plant added, shall review the information
provided in the notification, and if the information submitted is in
compliance with the requirements specified in this subdivision,
the department shall approve the additional physical plant within
30 days of all information being submitted and shall amend the
primary care clinic or affiliate clinic’s license to include the
additional physical plant as part of a single consolidated license.
If the notification does not include the information required by
this subdivision, the department shall notify the licensee of the
need for additional information and shall not amend the license
to add the additional physical plant until the additional information
is received and reviewed by the department. end insert

begin delete end delete
begin insert (2) end insert begin insert   end insert Written notification shall include evidence that the primary
care clinic begin insert or affiliate clinic end insert is licensed in good standing and
otherwise meets the criteria specified in this subdivision. In issuing
the single consolidated license, the department shall specify the
location of each physical plant.

begin delete

(2) A primary care clinic that is issued a single consolidated
license pursuant to this subdivision may, at its option, operate
under a single National Provider Identification number or separate
National Provider Identification number for one or more of the
facilities subject to the single consolidated license.

end delete

(3)  begin delete The issuance of a single consolidated license shall be based
on end delete begin insert The written notification shall demonstrate compliance with end insert all
of the following criteria:

(A) There is a single governing body for all the facilities
maintained and operated by the licensee.

(B) There is a single administration for all the facilities
maintained and operated by the licensee.

(C) There is a single medical director for all the facilities
maintained and operated by the licensee, with a single set of
bylaws, rules, and regulations.

begin delete

(D) Except as provided otherwise in this paragraph, the physical
plants maintained and operated by the licensee that are to be
covered by the single consolidated license are located not more
than 15 miles apart.

end delete begin insert

(D) The additional physical plant meets minimum construction
standards of adequacy and safety for clinics found in the most
recent version of the California Building Standards Code and
prescribed by the Office of Statewide Health Planning and
Development, as required in subdivision (b) of Section 1226.
Compliance with the minimum construction standards of adequacy
and safety may be established as specified in Section 1226.3.

end insert begin insert

(E) The additional physical plant meets fire clearance standards.

end insert begin insert

(4) The written notification required to be submitted pursuant
to this subdivision shall include all of the following documentation:

end insert begin insert

(A) The name and address of the licensee’s corporation
administrative office, including the name and contact information
for the corporation’s chief executive officer or executive director.

end insert begin insert

(B) The name and address of, and the hours of operation and
services provided by, the additional physical plant.

end insert begin insert

(C) A copy of any document confirming the corporation’s
authority to control the additional physical plant. Examples of
acceptable documentation include, but shall not be limited to, a
lease or purchase agreement, grant deed, bill of sale, sublease,
rental agreement, or memorandum of understanding between the
owner of the property and the proposed licensee.

end insert begin insert

(5) A primary care clinic or an affiliate clinic may add
additional physical plants pursuant to this section that are no more
than one-half mile from the licensed clinic adding the additional
physical plant under a consolidated license.

end insert begin insert

(6) Upon renewal of a consolidated license approved pursuant
to this subdivision, a licensee fee shall be required for each
additional physical plant approved on the license.

end insert

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.